Runaway Teenagers

Each year, many teenagers run away from home. Other teenagers are
told to leave home by their parents. While most children return home
within a short period of time, having a teenager who runs away can raise
a variety of legal problems for the child, the child’s parents, and any
other adult who might become involved with the child by, for example,
allowing the child to stay in their home.

You will find answers to some common questions about runaway teenagers below.

Is Running Away Illegal?

In
most states (but not all), it is not a crime to run away from home. In
many states, running away repeatedly may cause a child to come under the
control of juvenile or family court. The court can then provide
services to the child and the family, such as counseling. Courts can
also place restrictions on the child, including curfews and drug
testing.

Can a Police Officer Take a Runaway Teenager Into Custody?

In
almost every state, a police officer may detain (hold) any child under
the age of 18 whom the officer suspects has run away from home.
Depending on the state, the officer may take the child to a homeless
shelter, try to return the child to the child’s parents, or, in some
states, even take the child to a secure facility, such as a juvenile
detention facility. A police officer may also detain a child suspected
of committing a crimes like loitering or violating a city’s curfew law.

Have You Run Away?

If
you are a runaway and are stopped by a police officer, do not
physically resist. Physical resistance can lead to charges being filed
against you, as well as injury. If you ran away from home to avoid abuse
or neglect, tell the police officer about the abuse or neglect. Police
officers have to report allegations of child abuse to child protective
services, and child protective services must investigate allegations of
abuse.

What Legal Options Do Runaway Teenagers Have?

Living
on the street is not a good idea. Few teenagers who live on the street
continue school or find legal and safe employment. Many homeless
teenagers abuse drugs and alcohol, suffer from psychiatric and medical
problems, are victims of violent crime, have legal problems, and attempt
suicide.

Returning Home. Most
runaway teenagers return home within a few weeks. If you have run away
and need help returning home, you may want to contact the local police
or a shelter.

Guardianship. In guardianship
proceedings, another adult (who is not the child’s parent) asks the
court to become responsible for the child until the child is 18 years
old. If the court grants the guardianship, the adult will have many of
the same responsibilities that parents normally have, such as providing
the child with shelter, food, clothes, and making sure the child attends
school. The child’s parents may still be financially responsible for
the child.

Emancipation. In emancipation
proceedings, children ask the court to make them adults, legally
speaking, which means that they will be responsible for themselves.
Children who seek emancipation must show that emancipation is in their
best interests, that they can support themselves by legal means, and
that they will stay in school or obtain a GED. In some states, the
child’s parents must agree to emancipation.

Dependency.
In dependency proceedings, the court becomes a child’s guardian, and
makes decisions about where the child lives. Often the court or the
state’s child protective services department can provide family
reunification services, such as counseling, or can place the child in
foster care.

Can You Report a Child to the Police for Running Away?

In most states, you can report a runaway teenager as a missing person and ask the police to help look for the child.

If
you are the child’s parent, depending on what state you live in, you
may or may not have the right to force your child to return home with
you.

What Are a Parent’s Responsibilities If a Child Runs Away?

In
most cases, parents are responsible for caring for their child under
the child turns 18 years old or is emancipated, even if the child is not
living at home.

Can a Person Get in Trouble for Helping a Runaway?

Many
states have laws against “harboring” runaway children. Although these
laws are not often enforced, assisting a runaway teenager may result in
criminal charges for harboring a runaway or contributing to the
delinquency of a minor. In other states, the runaway child’s parents can
sue another person in civil court for harboring a runaway.

In some states, the following may be illegal or may result in civil liability:

encouraging a minor to run away from home

providing shelter or transportation to a minor you know has run away

allowing a minor who is staying with you to engage in criminal behavior (such as drug use), or

lying to a parent or police officer about a child’s whereabouts.

If
you are allowing a runaway child to stay with you, you may or may not
be able to enroll the child in school or authorize medical treatment on
the child’s behalf. If you plan to allow a child to live with you on a
long-term basis, you may want to consider a guardianship, explained
above.

Getting Legal Advice and Representation

If you are
the parent of a child who has run away, you should contact the local
police. You may also want to contact a local attorney to determine your
legal rights and responsibilities and how to best proceed.

If you
are allowing a runaway child to stay in your home or considering doing
so, you should contact a local attorney who can tell you about the laws
in your state and help you determine the best course of conduct so that
you can avoid breaking the law.